Case law

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  • Palmer v. Gmac Commercial Mortgage

    District Court, District of Columbia · Jan 6, 2010

    Although her credit score exceeded 700, Palmer was given a loan with an adjustable rate of nearly nine percent, although she believes she qualified for a fixed rate of around six percent. Id. ¶ 24. … However, the plaintiff must allege facts that, if true, would establish the elements of each claim. Id.

    Cited 0 timesPublished
  • Systems Council EM-3 v. AT & T Corp.

    972 F. Supp. 21 · District Court, District of Columbia · Aug 12, 1997

    employee benefit plans Lucent will establish. … Certainly the establishment and termination of a plan involves plan assets; however, those acts are clearly not subject to ERISA's fiduciary duty provisions.

    Cited 13 timesPublished
  • Stephens v. Farmers Restaurant Group

    District Court, District of Columbia · Feb 15, 2019

    Those common issues clearly predominate over any non-common issues among the class members that may exist, and thus the Court finds that the proposed classes easily satisfy this requirement. … And, as previously noted, that requirement is clearly met here.

    Cited 0 timesPublished
  • Arkansas Department of Human Services v. Sebelius

    818 F. Supp. 2d 107 · District Court, District of Columbia · Oct 12, 2011

    A state would qualify for a transition period if it had in place an approved State Plan Amendment (SPA) that would result in payments in excess of one or more of the new UPLs. See id. at 60154. … Indeed, the statutory text does not clearly establish whether long-transition states that complied with the post-September 30, 2002, phase-down schedule must be considered compliant with every provision of the final regulation

    Cited 7 timesPublished
  • Sadhvani v. Chertoff

    460 F. Supp. 2d 114 · District Court, District of Columbia · Nov 6, 2006

    Whatever legal label petitioner puts on them, however, these allegations are quite clearly “cause[s] or claim[s] by or on behalf of an[] alien arising from the decision or action by the Attorney General to ... execute removal … Petitioner’s suit therefore qualifies as one “subject to the exclusive review of the Court of Appeals” under TRAC. Id. at 75 .

    Cited 18 timesPublished
  • Edelman v. Securities and Exchange Commission

    District Court, District of Columbia · Feb 12, 2019

    Eligibility As relevant here, Edelman may establish that he “has substantially prevailed” by showing that he “obtained relief through either . . . a judicial order. . . … Thus, there is clearly a public benefit from Edelman's FOIA litigation. Dkt. 49 at 4–5.

    Cited 0 timesPublished
  • Chattooga Conservancy v. United States Department of Agriculture

    District Court, District of Columbia · Mar 30, 2026

    an agency project will have im- pacts on a given area such that it warrants inclusion in a cumulative impact analysis is the type of “speculative assessments or predictive or scientific judgments” or decisions on “what qualifies … But not doing so is clearly the sort of reasonable and manageable line-drawing about what to include in a cumulative impact analysis that Seven County permits. See 605 U.S. at 182.

    Cited 0 timesPublished
  • National Public Radio Inc. v. Federal Bureau of Investigation

    District Court, District of Columbia · Apr 28, 2021

    The FBI argues that providing the public with a library of videos clearly depicting the terminal characteristics of various bullets would “enable criminals to make informed decisions on how best to injure others.” … If the FBI relies on declarations to identify a law enforcement purpose underlying withheld documents, such declarations must establish a rational nexus between the investigation and one of the agency’s law

    Cited 0 timesPublished
  • Harris v. Koenig

    District Court, District of Columbia · Mar 12, 2009

    Cir. 1994). 24 analyses of the phrase,14 the Court concludes that the facts alleged in this case clearly establish, under any of the definitions of “actual knowledge,” that … Based on these allegations, Defendants could prevail “only if the Court could rule as a matter of law that [Old Waste] could never qualify as [a] fiduciar[y] under ERISA.” Bell, 191 F.

    Cited 0 timesPublished
  • American Oversight v. Hegseth

    District Court, District of Columbia · Jun 20, 2025

    They thus clearly prohibit the destruction of any messages related to official Government business — including non-email records and those that are responsive to FOIA requests — and provide adequate guidance on record … Because the looming erasure of automatically deleting Signal messages qualifies as such an imminent destruction of records, and because the Attorney General could prevent that destruction by instructing Government officials

    Cited 0 timesPublished
  • United States v. Vazquez

    District Court, District of Columbia · Jul 12, 2023

    The government will have to establish the relevance of those shipments in terms of their linkage to defendant or the charged conspiracies in some way. B. … Evidence of the post-indictment seizures and other-drug shipments are clearly admissible under FED. R. EVID. 404(b), however.

    Cited 0 timesPublished
  • Duncan v. Johnson

    213 F. Supp. 3d 161 · District Court, District of Columbia · Sep 30, 2016

    Even if it is true, as he asserts, that she was not as experienced or as qualified as he was, he certainly cannot complain that she was unfairly or unlawfully elevated to a supervisory position for which he did not even apply … applies the burden-shifting framework established in McDonnell Douglas Corp. v.

    Cited 18 timesPublished
  • Stoe v. Garland

    District Court, District of Columbia · Sep 14, 2021

    During discovery plaintiff could have more clearly presented her position that the 2010 non-selection was itself discriminatory. … that the 2010 non-selection was the result of unlawful discrimination, what were the circumstances in 2010 that suggested discrimination or pretext, and what is the basis for her contention, if any, that she was better qualified

    Cited 0 timesPublished
  • Metropolitan Municipality of Lima v. Rutas De Lima S.A.C.

    District Court, District of Columbia · Mar 12, 2024

    The documentary evidence did not establish a sufficient link either. Id. ¶¶ 715–17. … Prosecutors obtained most witness statements through a process known in Peru as “effective collaboration,” by which suspects exchange testimony for a reduced sentence or total immunity. Id. at 5–7.

    Cited 0 timesPublished
  • The Security Title Guarantee Corporation of Baltimore v. 915 Decatur St Nw, LLC

    District Court, District of Columbia · Dec 11, 2019

    Moreover, even if it was covered, it would also qualify for the exclusion for defects or matters created by Decatur pursuant to Ms. … This claim is not clearly incurred “by reason of” a defect in or encumbrance on the title.

    Cited 0 timesPublished
  • Summers v. United States Department of Justice

    517 F. Supp. 2d 231 · District Court, District of Columbia · May 24, 2007

    Defendants have applied Exemption 1 to portions of documents 1, 2, 7, and 8, using declarations from qualified officials to explain the basis for each decision. … If so, the court must “assess whether the information is of such a nature that its disclosure would constitute a clearly unwarranted privacy invasion.” Id.

    Cited 3 timesPublished
  • K-V Pharmaceutical Company v. United States Food and Drug Administration

    889 F. Supp. 2d 119 · District Court, District of Columbia · Sep 6, 2012

    Cir. 1993) (explaining that petitioners are challenging EPA’s interpretation of the statute and its implementing regulations, which “clearly . . . … At the hearing, plaintiffs argued that the press release qualifies as a Crowley policy statement, noting that even less formal documents have been found to be subject to review. Tr.

    Cited 1 timesPublished
  • Sykes v. District of Columbia

    518 F. Supp. 2d 261 · District Court, District of Columbia · Oct 31, 2007

    In order to survive a motion for summary judgment, the non-moving party must establish more than the “mere existence of a scintilla of evidence” in support of its claims. Anderson, 477 U.S. at 252 , 106 S.Ct. 2505 . … The hearing officer clearly decided this issue for plaintiff.

    Cited 3 timesPublished
  • Shaw v. District of Columbia

    District Court, District of Columbia · Feb 8, 2019

    The record clearly demonstrates that the transition plans were based on the results of tests conducted in the same year that the plans were developed. AR 68– 70, 105–07, 222–24. … However, states may establish procedures for appointing the student’s parent to represent the student’s educational interests. Id. § 1415(m)(2).

    Cited 0 timesPublished
  • Public Investors Arbitration Bar Association v. United States Securities and Exchange Commission

    930 F. Supp. 2d 55 · District Court, District of Columbia · Mar 14, 2013

    It would most certainly not establish that such fact patterns are the only scenarios in which application of Exemption 8 is appropriate. … any “agency responsible for the regulation or supervision of financial institutions,” see 5 U.S.C. § 552(b)(8), not just the SEC.5 The Court is skeptical that a self-regulatory organization like FINRA would logically qualify

    Cited 11 timesPublished

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